Opinion

Carusi v. Hazen

  • 76 F.2d 444
  • 64 App. D.C. 194
  • 1935 U.S. App. LEXIS 2573
Court
Court of Appeals for the D.C. Circuit
Filed
Feb 25, 1935
Status
Published
Author
Hitz
On the bench
Hitz, Orsdel
Cited by
2 cases

The opinion

HITZ, Associate Justice

(dissenting).

I am unable to agree with' the conclusion of the court in respect of the sufficiency of the published notice, which was a mere travesty of notice, theoretically complying with the letter of the statute, while wholly disregarding its spirit.

The property in question had stood on the tax records in the same name and ownership for many years, and by a slight effort actual notice could have ÍSeen brought home to the owner. If the Commissioners disregard their obvious opportunities to give actual notice, and rely wholly on the statute, they should be held to a reasonable and effective compliance therewith, and not to a merely colorable and technical compliance by the publication of a puzzle.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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